HomeMy WebLinkAbout20071055 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROADS 3 AND 1.5 AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - HIGHVIEW DEVELOPMENT, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning the Purchase
of Right-of-Way for Certain Improvements to Weld County Roads 3 and 1.5 between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Highview Development, LLC, 22 Seven Hills
Drive, Boulder, Colorado 80302,with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Right-of-Way for Certain
Improvements to Weld County Roads 3 and 1.5 between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, and Highview Development, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
D
%� WEL. COUNTY COLOR pO
ATTEST: Lail
1861 ( _1 4.' David E. Long, Chair
We : County Clerk tot B
_BY: 4 art
:, , �� William . J , Tem
D tyCl- ktotheB.. rd 17
Willia Garcia
APPR D AS T �AQ�
Robert D. Masden
ou ttorney
Douglas R demacher
Date of signature: lid-3/o-7
2007-1055
EG0056
d5--//-v 7
AstiLis' MEMORANDUM
I p C TO: Clerk to the Board DATE : April 10, 2007
•
COLORADO FROM: Leon Sievers, Public Works
SUBJECT: Agenda Item
Agreement concerning purchase of right-of-way along WCRs 3 and 1.5 with
Highview Development LLC.
One original agreement is attached.
The appropriate documentation is enclosed:
Enclosure
M:\FrancieW gendaS ignature DOC
2007-1055
Q/
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS
TO WELD COUNTY ROAD 3 & 1.5 BETWEEN HIGHVIEW DEVELOPMENT LLC
AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 2_ day of�9/4Q , 2007,by and between
HIGHVIEW DEVELOPMENT LLC whose address is 22 Seven Hills Drive, Boulder,
Colorado 80302, hereinafter referred to as "Owner", and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road
3 & 1.5, and
WHEREAS, Owner owns the property described in the attached Exhibit"A" and
hereinafter referred to collectively as "Right-of-Way", and
WHEREAS,County needs the Right-of-Way in order to complete said rebuilding and
improvement project, and
WHEREAS,said rebuilding and improvement project involves the construction and
realignment of said roadway, and
WHEREAS, Owner wishes to cooperate with County in said road improvement.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown
and/or described on Exhibit "A", attached hereto and hereinafter referred to
herein as the "Right-of-Way" for the sum of Three Thousand Three Hundred
Sixty and no/100($3,360.00)dollars. This consideration is being offered in lieu
of condemnation
2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free
and clear of all encumbrances,except existing easements. Owner shall retain the
mineral estate under the Right of Way,including oil and gas,and shall also retain
any water rights currently attached or associated with the Right of Way.
3. County agrees to pay the costs of title insurance and recording fees, if necessary
as determined by County.
HBO 11111111111E 11111111111111111 ��� 11111 ���� Jill
3473459 05/03/2007 01:40P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
.,ecC 7-/0S'5.
Page 2 of 2
4. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees,hereto. This Agreement embodies all agreements between the parties
hereto and there are no promises,terms,conditions,or obligations referring to the
subject matter whereof other than as contained herein.
5. Although the date of the transfer of the Right-of-Way shall be the date of the
delivery of the documents of conveyance, it is expressly agreed by the parties
hereto that upon execution of this Agreement by County and Owner, County, its
contractors,agents,employees,and all others deemed necessary by County shall
have the irrevocable right to possess and use all of the Right-of-Way for the
purpose of said rebuilding and improvement project. Date of payment of
compensation is the date of delivery of the Deed of Dedication.
6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title
thereto against all claims.
7. General taxes for the year 2007 for the Right-of-Way shall be apportioned to the
date of delivery of the deed based on the most recent levy and the most recent
assessment. Owner represents and warrants that all general taxes levied prior to
such year have been paid in full by Owner.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs,executors,administrators,successors,and assigns of
the respective parties hereto.
E IN WITNESS WHEREOF,the parties have set their hands on the day and year first
r s above written.
=IM o°C
4 OWNER: HIGHVIEW DEVELOPMENT LLC
m$o 41 1 Ic& rvA- l.L..
I ATTEST: Il/ � �, � r% BOARD OF COUNTY
aa
_d Weld County Clerk to the Bo.t f %, OMMISSIONERS OF WELD
mim
°' OUNTY, STATE OF COLORADO
ac � ISEI ►` �q
o By: Cam/ W1�l7 ��y., .
g o Deputy Clerk to the Board � . � David E. Long, Chairs
c, APR 16 ?007
ac
a n ATTY
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CONidESTINGiSSIONERTOBOARD SIGNATURES0FC0UNT 0ha.Y
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P:\WELDCNTY\C40410A\Highview Development LLC\agreement Highview 3-9-07.doc
1)7OO17-- /D55
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD,
STATE OF COLORADO, ALSO BEING A PORTION OF LOT B, CORRECTED AMENDED
RECORDED EXEMPTION NO. 1467-05-2-CAMRE-3381, FILED IN THE WELD COUNTY
CLERK AND RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 5, ASSUMED TO
BEAR S01'02'50"W A DISTANCE OF 1460.87 FEET, FROM A 2" ALUMINUM CAP FOUND
AT THE NORTHWEST CORNER OF SAID SECTION 5, TO A NO. 5 REBAR FOUND AT
THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5;
BEGINNING AT A POINT WHICH BEARS S00'38'10"E A DISTANCE OF 1018.99 FEET
FROM SAID SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 5;
THENCE S88'57'10"E A DISTANCE OF 10.00 FEET; THENCE S01'03'04"W A DISTANCE
OF 365.26 FEET; THENCE S88'03'25"W A DISTANCE OF 10.01 FEET; THENCE
N01'03'04"E A DISTANCE OF 365.78 FEET TO THE POINT OF BEGINNING; WHENCE
SAID NORTHWEST CORNER OF SECTION 5 BEARS N00.21 '20"E A DISTANCE OF
2479.60 FEET;
SAID PARCEL CONTAINS 3,655 SQUARE FEET OF LAND, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
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3473459 05/03/2007 01:40P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SHEET 1 OF 2
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EXHIBIT MAP "A"
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NE1/4 SEC. 6 I. L4 NO1'03'04"E 365.78'
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O W I EASEMENT REC. NO. 2855377 =
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LOT A h
' o I / EXEMPTION NO. 1467-05-2-CAMRE-3381
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\ \ X / ACQUISITION AREA
\\ \ w a 0 / 3,655 SQ. FT. ±
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\ \\\\ I \ / 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS
/ OF THE COUNTY ASSESSOR.
<o \ 7, 2.) ACCORDING TO COLORADO LAW, YOU MUST
A`9 3. \ I \ / COMMENCE ANY LEGAL ACTION BASED UPON ANY
\t`Pr \ \ / DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER
pSS \ r /' YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS
A�,O F,NO� \ \ I SURVEY BE COMMENCED MORE THAN TEN YEARS
\ 'P p \tI I / AFTER THE DATE OF THE CERTIFICATION SHOWN
4 I\ \ / HEREON.
\' �0 \I s z / 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO
r '5 rUJL \ / SHOW THE LOCATION OF THE EASEMENT(S).
\�nf I o \ / 4.) THIS EXHIBIT SHALL BE CONSIDERED NULL AND
VOID IF IT DOES NOT BEAR THE ORIGINAL
\61, o �\ L3 SIGNATURE AND SEAL OF THE PROFESSIONAL LAND
\c I o z \ SURVEYOR OR IF ALTERED IN ANY WAY.
o- \ \
40' R.O.W.---J �, f \ EXHIBIT MAP "A"
RESERVATIry�yJJONNry���� (y���I III \NID Yp��ry�'��\��1`
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^SIN """•" �"'•"I aimBy J F.L. SHEET: 2 OF 2 WE FRANK WRIGLD COUNTY HT 3
1780 S. Bellaire St., Ste. 230 DATE:09/29/06 JOB /•R6102 NW1/4 SEC. 5, TIN, R68W, 6TH P.M.
Denver, CO 80222
7¢:(}03)75}-9799 FAX:(303)75}_qpµ SCALE: 1' 60' 3,885 50. FT. COUNTY OF WELD, STATE OF COLORADO
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